Ajesh (Assistant Manager) 29 July 2011

Stop payment made to the cheque

I am working in a Logistics company and in the month of february we have customs cleared an shipment to an customer. The customer has made 2 cheque worth Rs,1 lakh and Rs.40,000. While presenting one of the cheque worth Rs.1 lakh has been cleared and other Rs,40,000 has not being cleared and the cheque got bounced. The reason for the same is Stop payment made by the customer.

When we tried to contact the customer further again he is giving excuses all the time, now its almost 5 months over. If we file a case against the customer how this issue will be cleared and with what time. ???

Whether we are able to get compensation for the same from the customer in terms of the interest rates.??

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4 Replies

Tarun Dhingra (Advocate) 29 July 2011

send him a legal notice through local advocate . u will definatly get your amount . i hope u will b having all bills against which payment was made.howvever in some states there is special courts relating to the NEGOTIABLE INSTRUMENT CASES(CHEQUE BOUNCE CASES).IN YOUR I DONT KNOW SO IT IS BETTER TO CONSULT YOUR LOCAL LAWYER. IN THESE TYPE OF CASES IT IS CRIMINAL SECTION

AND COMMITTER OF THIS ACT .CAN B PUNISHED UPTO 2 YEARS . AND MAY B FINE

AND BOTH

BUT COURT ALWAYS TRIES TO CONCLUDE ON OUT OF COURT SETTLEMENT .AND THERE IS LOT OF PROBABLITY THAT TO AVOID IMPRISONMENT HE WILL MAKE PAYMENT TO YOU OTHERWISE CASE WILL GO ON AND ULTIMATLY HE WILL B PUB BEHIND THE BARS . AND MORE IMPRISONMENT FOR DEFAULT OF PAYMENT OF FINE

NOW COME TO YOUR COMPENSATION AND RECOVERY OF MONEY

TO RECOVER U WILL HAVE FILE A CIVIL CASE(SUIT FOR RECOVERY OF MONEY ) IN CIVIL JUDGE COURT .

BUT I WOULD ADVICE U TO GO WITH SECTION 138 CASE (CHEQUE BOUNCE CASE ) AND TRY TO HAVE OUT OF COURT SETTLEMENT ...............

GOOD LUCKKKKKKKKKKKKKK

Dharmesh Manjeshwar (Advocate/Lawyer) 30 July 2011

As 5 months have passed from the date of it's 1st dishonour .... U will first have to redeposit the cheque again ....

then after it's dishonour U will have to issue notice to the Payer demanding the amount within 15 days from the date of receipt of your demand notice .....

If the Payer fails to pay the cheque amount after 15 days from the receipt of your demand notice then he commits an offence u/s - 138 N.I. Act ...

U can file cheque dishonour case against the Payer of the cheque within one month from the date of the offence .....

all these are mandatory to initiate action u/s - 138 of the N. I. Act .....

Annex all documentary evidences and file ur complaint ..... Pls. consult local lawyer ......

Time frame may vary from 1-2 years ....

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE ) 30 July 2011

In the court it will to long long story so better solve between both of you.

THANKACHAN V P (Advocate & Notary) 31 July 2011

What Darmesh said is correct. You can present cheque again (but should be within six months from date shown in the cheque) and do the statury formalities as explained by Darmesh.